Click to edit SEO parameters
Cancelling entitlement
Before accepting a request to cancel entitlement, the client advisor should:
- explain the impact of deciding to cancel entitlement
- tell the individual which other Social Security Scotland benefits they might be eligible for, (if any) and
- signpost the individual to independent advice services ahead of making a final decision
The impact of cancelling entitlement is that the individual would have to request reinstatement of their award if they want Social Security Scotland to consider their eligibility for Scottish Adult DLA at a future date, and they would only be able to do this within one year of their Scottish Adult DLA award ending. If it was more than one year after their Scottish Adult DLA award ended, they would need to make a new application for either Adult Disability Payment or Pension Age Disability Payment, depending on their age. Cancelling entitlement to Scottish Adult DLA may also have an impact on the rates and premiums of passported benefits.
If the individual is certain that they want to cancel entitlement after hearing this information, then the client advisor must do this. This rule only applies if cancellation is the correct step rather than:
- making a determination without application due to a change of circumstances
- arranging for a new client representative to act on behalf of the client.
Example: an individual requests that Scottish Adult DLA is cancelled
Elizabeth is 67 and has significantly reduced vision in both eyes. She requires continual supervision throughout the day and is entitled to the lowest rate care component of Scottish Adult DLA. Elizabeth requests that Scottish Adult DLA is cancelled on 27 August. She reports that her eyesight improved after an operation she had recently. Her eyesight is better and she is less anxious now.
The client advisor explains to Elizabeth that:
- the change is a change of circumstances
- her case could therefore be subject to a review rather than cancelling entitlement
The client advisor also explains the impact of stopping payment of Scottish Adult DLA with Elizabeth to make sure she fully understands this decision. They discuss all options that are available to her. Elizabeth decides that she would like her case to be reviewed on the basis of a change in circumstances.
The client advisor gathers supporting information and carries out a review. Elizabeth is still entitled to the lowest rate care component of Scottish Adult DLA as she still requires continual supervision throughout the day. It is determined that Elizabeth’s entitlement to Scottish Adult DLA should continue at the rate that she currently is entitled to and confirms with Elizabeth that she wishes to continue to receive Scottish Adult DLA.
Example: the person acting on behalf of the individual entitled to Scottish Adult DLA requests that it stop being paid
Cole is 80 years old and has dementia. He is entitled to the lowest rate care component of Scottish Adult DLA. On 12 January, Cole’s representative requests that Scottish Adult DLA stop being paid. Cole has recently received a large sum of money from the sale of a family property and does not wish to receive financial support in the form of Scottish Adult DLA anymore.
The client advisor discusses the impact of cancelling Scottish Adult DLA with Cole’s representative. Before proceeding to the final cancellation process, the client advisor does a final check that the representative is sure about this decision, and clear that Cole would only be able to request reinstatement of his Scottish Adult DLA up to one year after the award ending, after which his award would be permanently ended. Then, the client advisor explains how to make a cancellation request. Once the request has been received, it is processed and Cole’s entitlement to Scottish Adult DLA is ended.